HomeMy WebLinkAboutReso 1972-6437___
Wien recorded, please return to: 1-1~8
• '' 3crrnie 1'~T.' h~ulasz, City Clerk
ti
P. O. Box 1037 '
Chula Vista, California 92012 '
RESOLUTION NO. E,4~7
RESOLUTION OF THE CITY COUNCIL OF THE
VISTA, AUTHORIZING THE DEFERRAL OF TII
OF CERTAIN PUBLIC INIPROVEMLNTS ON THE
BY SABURO AND IIARUKO MURAOKA, LOCATED
OF SECOND nVEi1U>T', , FF20;1 PALOiti1i~R ST tZEET
IN THE CITY Oh CIIULA VISTA
CITY OF CHULA
INSTALLATION
PROPERTY 04'JNED
AZ' THE EAST SIDE
TO 620 FEET SCL'Z'~i
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council cf the City of Chula Vista has
heretofore, on April 4, 1972, held a public hearing in accordance
with the provisions of the Improvement Act of 1911, to hear protests
of property owners required to construct certain public improvements,
as provided in the so-called 1911 Block Act, and
WHEREAS, the City Council of the City of Chula Vista, at
the afore-mentioned public hearing, authorized a delay in the
installation of certain improvements on the property owned by Saburo
and Iiaruko Muraoka, located at the east side of Second Avenue, from
Palomar Street to 620 feet south, in the City of Chula Vista, and
WHEREAS, said property owners agreed to furnish to tr.e City
of Chula Vista a lien on said property, in an amount sufficie:it to
construct said improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby authorize the deferral of the install-
ation of certain public improvements on the property described herein-
above.
BE I^ F;JRmuER RESOLVED teat c3i d C~~_sr.ci.l drer~~ ~~;-~i~j ~~o!r~I!t.
said offer of a lien on said property to insure the completion of
said improvements, and that the City Clerlc of the City of Chula Vista
be, and she is hereby authorized and directed to record said lien
agreement and this resolution in the office of the County Recorder of
the County of San Diego, California.
BE IT FURTHER RESOLVED that the :~ayor of the City of Cr>ula
Vista be, and he is hereby authorized to sign the Agreement for the
Deferral of the Installation of Public Improvements which contains
said lien.
Presented by Approved as to form by
~~~ i
/ s / LANE F . COLE ~~~~~-~~ ~ ~r
Lane F. Cole, Director of Public George Lindberg, City Atto ey
Works
~~~y~
~._1~9
.,,
AN AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS 'AY1D A LIEN SECURING
SAID IMPROVEMENTS
THIS AGREEMENT, made and entered into this /.5' ~' day of
/''ll~/ 1972, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
SABURO and HARUKO MURAOKA, Owners of that certain property located
at the east side of Second Avenue, from Palomar Street to 620 feet
south, in the City of Chula Vista, hereinafter called "Owners";
W I T N E S S E T H
WHEREAS, the City Council of the City of Chula Vista has
heretofore, on Tuesday, April 4, 1972, held a public hearing in
accordance with the provisions of the Improvement Act of 1911, to
hear protests of property owners required to construct certain
public improvements, i.e., curbs, gutters, sidewalks, driveways
and shoulder paving, as provided in the so-called 1911 Block
Act, and
WHEREAS, Saburo and Haruko Mauaoka, owners of that certain
property located at the east side of Second Avenue, from Palomar
Street to 620 feet south, in the City of Chula Vista, were among
those property owners notified of said hearing and informed of
the duty to construct certain public improvements on said property,
as follows:
563 lineal feet of Type G curb and five foot wide mono-
lithic sidewalk; and approximately 1,726 sq. ft. of
asphaltic concrete shoulder paving over aggregate base
pursuant to Section 5876 of the Streets and Highways Code of the
State of California, and
WHEREAS, Owners requested at said hearing that said
improvements be deferred for a period of 180 days, and further
agreed to execute an agreement and lien guaranteeing the installa-
tion of said improvements on or before October 17, 1972.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In consideration of deleting the property belonging
to Saburo and Haruko Muraoka, located on the east side of Second
Avenue from Palomar Street to 620 feet south, in the City of Chula
Vista from said 1911 Improvement Act proceedings, as set forth in
Resolution No. 6396, approved on the 11th day of April, 1972, said
Owners agree to execute this lien agreement in the amount of $4,750.00
as security for the installation of certain aforementioned improve-
ments upon the property hereinabove described, more particularly
and certainly described in improvement plans on file in the engineering
Department of the City of Chula Vista.
2. Said improvements will be installed completely and
according to all applicable regulations and standards of the City
of Chula Vista on or before the 17th day of October, 1972. Said
Owners agree that said improvements shall be installed by said date
or on or before any extension of time as may be granted by the City
Council of the City of Chula Vista.
3. For the faithful performance of the promises and coven-
ants herein contained, Owners hereby grant to the City of Chula Vista
a lien upon the property herein described, and in the event that
Owners, their successors, heirs, assigns or transferees, fail to
install or construct said improvements in the manner and within the
time specified herein, they agree that City may do any or all of
the following:
~~'j ,; .
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'. ~1 , v,
x._1`70
~~ (a) Install or construct said improvements+by contract
or otherwise, and permission i~ hereby granted to City
or its contractor and contractor's employees to enter
upon any portion or portions of said property reason-
ably necessary for said construction, and the entire
cost and expense of said improvements shall be charged
against said property and said cost and expense shall
be payable by Owners, their successors, heirs, assigns
or assignees, immediately upon completion of said
improvements, and in the event the same is not paid
within thirty (30) days from said completion, the
City may collect said lien in the manner provided in
Section 5893 of the Streets and Highways Code of the
State of California as an addition to the amount of
the assessment of the regular bill for taxes levied
against said property, and Owners agree to waive the
requirement of confirmation of the assessment and
notice of the lien, as contained in Section 5890 and
5891 of the Streets and Highways Code of the State of
California and accepts this agreement as sufficient
notice of said lien. Owners further agree that the
amount of said lien shall include attorneys' fees,
which shall be taxed as a cost in any suit or fore-
closure.
(b) Direct the Director of Public Works to estimate
the cost of the work required to complete said improve-
ment, and foreclose or collect said lien in said amount.
(c) Foreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable by
law, for the foreclosure or collection of a lien, and
Owners, their heirs and assigns, shall pay reasonable
attorneys' fees to be taxed as a cost in said proceed-
ings.
4. At any time during the period herein provided, Owners,
their heirs, assigns or transferees, may make a cash deposit with
the City in the amount estimated by the Director of Public Works
to cover the total cost of the improvements. If said cash deposit
is made prior to the recording of this lien agreement, then said
lien agreement shall not be recorded as long as said cash is on
deposit with the City. If said cash deposit is withdrawn from the
City, said lien agreement shall be recorded. If this lien agreement
has been recorded and then said cash deposit is made, the City may
release said lien of record and hold this agreement or any new agree-
ment unrecorded as long as said cash deposit is left with the City.
5. The cost of said improvements and the amount of this
lien is the sum of $4,750.00.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
•
~~
1
;'
~~ ,
; ~~
Mayor of t$e City o~f Chula Vist
ATTEST ~f!~~l ~t L< ~~1 J --~?tc, ~~-1~~~ -s
City Clerk
Attach Notary Acknowledgment here.
OWNERS..:
'Saburo Muraoka
Haruko Muraoka
Approved as to m y
George Lindberg, City Attor
~ _J
M
~~~~i~P~G ~~9y€~fi ~~
~~ic~a'-~~{a'.._ CITY CLERK
MAY ~~ M~ ~~ ~~ ~
j~N ~i ~~~ ~~;'~6~~~~~l~:
~~~®~®€~
1V0 FEE
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th day of May , 197.,
by the following vote, to-wit:
AYES: Caut~e~c..2mev~ Rgdahl ~ Sco Hobel Hamilton Hyde
NAYES: CGUV~C-c.2mevt NnnP
ABSENT: CGUVIC~c.~mev~ None
/s/ THOMAS D. HAMILTON, JR.
-Mayan a ~ ~~e C~~ y v ~y c u2a v,~~5 ~a
M ATTEST /s/ JENNIE M. FULASZ
Cti~y C en
S~FTE OF CALIFORNIA )
~.vui~]TY OF SAN DIEGO ) ss -
CITY OF CHULA VISTA )
I, J~NNI~ Ma ~ULASZ, C~.~y C.~enfz a~ the C~.~y any China V~.~~a,
Ca.~,~~jarcv~tia, ~0 N~RE13y C~RTIRy ~ha~t the abase avid ~anegating ~.~ a ~yu2~2,
~nue avid canned eapy a~ Resolution No. 6437
avid ~ha~ the ~ ame ha~5 ~.a~ beev~ amended an ney~ea.2ed..
~AT~~: May 18, 1972
~.
i,, Cti~y Caen
~l~ ~ ~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th day of May 197a
by the following vote, to-wit:
AYES: Cvuv~e~c~.mevl Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Cvua~cti.~mevt None
ABSENT: Cvuvle~.~mevl None
ATTEST
S`~ATE OF CALIFORNIA )
~.v~i~tTY OF SAN DIEGO ) ss .
CITY OF CHULA VISTA )
I, J~NNI~ Mo FULASZ, Cti~y C.~enh. v~ the C~.~y v~ C~.u~2a V,~~~a,
Ca.2,~~yvnv~tia, ~0 H~R~l33y C~R7I~y ~ha~ the above avid ~vnegativ~g ~,~ a ~yu~.~,
~tnue avid cvnnee~ eve y v ~
and ~ha~ the Dame l~a~ vla~ beev~ amev>.ded vtc nepea.2edo
~A7E(~:
Cti~y C~.en
STATE OF CALIFORNIA
COUNTY OF S>'+4 ^~~ ..D/ ~ CC } SS.
On ~%fl Y ~ '~ ; ~ y7~ 1 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared -S~~yA'C' ~qN/5 J~F1RL!/~L'
~~f~i9C K'~1
- ,known to me
to be the person ~-whose name ,c:1Rt_subscribed to the
within instrument and acknowledged that THEexecuted the
same. ~~
n
.c-F~°' 1d-~t ~~~7 ~ ~ ~~ ~ ,~~,..~--
Name (Typed.ef Printed )
Notary Public in and for said County and State
3
a_~~~-t
/s®
~ nI~MITY
FOR NOTARY SEAL OR STAMP
<<~..~: ~, OFFICIAL SEAL
Q" DUANE M. HUGHES
-~2 "~ NMARY PUR( IC CALIFORNIA
,~ v;'~ SAN DtF~O COUNTY
°~,FOFn~P My CommissionExpi~esJan.23,1974
27~ Guava Ave., P. 0. B 1087, Chulaa Vi~s~ a. 92012
RESOLUTION NO. 6437
RESOLUTION OF THE CITY COUNCIL OF THE
VISTA, AUTHORIZING THE DEFERRAL OF TH
OF CERTAIN PUBLIC IMPROVEMENTS ON THE
BY SABURO AND HARUKO MURAOKA, LOCATED
OF SECOND AVENUE, FROM PALOMAR STREET
IN THE CITY OF CHULA VISTA
CITY OF CHULA
INSTALLATION
PROPERTY OWNED
AT THE EAST SIDE
TO 620 FEET SOUTH
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
heretofore, on April 4, 1972, held a public hearing in accordance
with the provisions of the Improvement Act of 1911, to hear protests
of property owners required to construct certain public improvements,
as provided in the so-called 1911 Block Act, and
WHEREAS, the City Council of the City of Chula Vista, at
the afore-mentioned public hearing, authorized a delay in the
installation of certain improvements on the property owned by Saburo
and Haruko Muraoka, located at the east side of Second Avenue, from
Palomar Street to 620 feet south, in the City of Chula Vista, and
WHEREAS, said property owners agreed to furnish to the City
of Chula Vista a lien on said property, in an amount sufficient to
construct said improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby authorize the deferral of the install-
ation of certain public improvements on the property described herein-
above.
BE IT FURTHER RESOLVED that said Council does hereby accept
said offer of a lien on said property to insure the completion of
said improvements, and that the City Clerk of the City of Chula Vista
be, and she is hereby authorized and directed to record said lien
agreement and this resolution in the office of the County Recorder of
the County of San Diego, California.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized to sign the Agreement for the
Deferral of the Installation of Public Improvements which contains
said lien.
Presented by
/ ~
Lane F. Co e, Director-of Public
Works
Approved as to form by
~ v f
George Lindberg, City Attor y